1501:14-2-04
Requirements governing the reporting and investigation of accidents for surface mining operations that are inspected by MSHA.

(1)
An accident that is
required to be reported to MSHA pursuant to
30 C.F.R. 50.10 shall be reported to the division of
mineral resources management. Accidents requiring notification shall be
reported to the division of mineral resources management within one hour, once
the operator knows or should know that the accident has occurred, by contacting
the emergency operations center of the Ohio department of natural resources by
telephone at (614) 799- 9538.

(2)
If the operator thinks that the accident
reported under paragraph (A)(1) of this rule did not occur as a result of an
unsafe condition or a practice at the operation, then the operator may, within
twenty-four hours after the accident is reported, provide the chief with a
written explanation of the reason(s) upon which the operator bases such
opinion. The operator may provide this explanation by U.S. mail, facsimile, or
electronic mail to the attention of: manager, mine safety program, Columbus
office, division of mineral resources management.

(B)
Injuries and illnesses not requiring
reporting. An occupational injury or occupational illness that is required to
be reported to MSHA pursuant to 30 C.F.R. part 50, subpart C or D, is not
required to be reported to the division of mineral resources
management.

(1)
Upon receipt of notice that a fatality or a life-threatening injury has
occurred at an operation, the chief shall conduct an investigation to determine
the events surrounding and causes of the fatality or life-threatening injury.
To the extent practical, the chief shall coordinate the investigation with
MSHA.

(2)
If the chief conducts an
investigation pursuant to this rule, the operator shall, during the
investigation, provide the chief, in writing, the name of the organization
identified as the authorized representative of the miners for the operation, if
applicable.

(3)
The chief shall
prepare a report of the investigation, which shall include a determination of
whether such fatality or injury occurred as a result of an unsafe condition or
a practice at the operation. Within seven days of the completion of the
fatality or life-threatening injury investigation report, the chief shall
provide the operator and, if applicable, the authorized representative of the
miners at the operation, with a copy of the investigation report.

(1)
If the chief
determines that a fatality or a life-threatening injury of a miner has occurred
at a surface mining operation as a result of an unsafe condition or a practice
at the operation, the chief shall immediately provide the operator with written
notice that the operation will be inspected once every three months for a
period of two years for a fatality in accordance with division (C) of section
1514.41 of the Revised Code or
that the operation will be inspected once every three months for a period of
one year for a life-threatening injury in accordance with division (D) of
section 1514.41 of the Revised Code. The
notice shall contain:

(a)
A citation of the
relevant provision(s) of the Revised Code and the Administrative Code that
require the inspections;

(b)
A
statement that the one-year or two-year time frame for the inspections, as
applicable, will begin immediately;

(c)
The number of inspections the surface
mining operation will receive; and

(d)
The procedure, pursuant to paragraph (E)
of this rule, whereby the operator may request that the chief reconsider the
decision that a fatality of a miner or a life-threatening injury of a miner
occurred at a surface mining operation as a result of an unsafe condition or a
practice at the operation.

(2)
If a fatality or a life-threatening
injury of a miner occurs at a surface mining operation as a result of an unsafe
condition or a practice at the operation, the chief shall, as soon as
practicable, conduct a mine safety inspection of the operation in accordance
with sections 1514.41 and
1514.43 of the Revised Code and
these rules. A request for reconsideration pursuant to paragraph (E) of this
rule shall not cause a delay in the conduct of this mine safety
inspection.

(1)
Within
thirty days of receipt of the notification required by paragraph (D) of this
rule, a surface mining operator may submit a written request to the chief
asking him or her to reconsider the decision that a fatality of a miner or a
life-threatening injury of a miner occurred at a surface mining operation as a
result of an unsafe condition or a practice at the operation.

(2)
Within fourteen days of receipt of an
operator's request for reconsideration under paragraph (E)(1) of this rule, the
chief shall provide the operator and, if applicable, the authorized
representative of the miners at the surface mining operation, with written
notice of his or her decision.

(3)
Within thirty days after receipt of the chief's decision under paragraph (E)(2)
of this rule, the operator may appeal the chief's decision to the reclamation
commission in accordance with section
1514.09 of the Revised Code. An
operator shall not file an appeal with the reclamation commission of the
chief's decision that a fatality of a miner or a life-threatening injury of a
miner occurred at a surface mining operation as a result of an unsafe condition
or a practice at the operation without first requesting reconsideration as
provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to
the reclamation commission does not operate as a stay of any order,
determination, or decision of the chief.